Sydney prostitution sting challenged in court

[drlove 37204]

Sydney prostitution sting challenged in court

 

 

http://www.cbc.ca/news/canada/nova-scotia/cape-breton-sydney-prostitution-sting-john-charter-challenge-court-1.3607026

 

 

 

Man, 73, claims police violated his charter rights

 

By Joan Weeks, CBC News Posted: May 30, 2016 11:15 AM AT Last Updated: May 30, 2016 6:41 PM AT

 

27 men were arrested in a prostitution sting in Sydney in September of 2015. (iStock)

 

 

 

A judge in Sydney will render a decision in August on whether a 73-year-old man suffered a violation of his rights under the Charter of Rights and Freedoms when he was charged with soliciting sex last September.

John Russell Mercer was one of 27 men charged with soliciting a prostitute, who was actually an undercover police officer, in a sting code-named "Operation John Be Gone."

Mercer's lawyer, T.J. McKeough, argued before Judge Brian Williston that his client was entrapped by police.

T.J. McKeough argued his client was entrapped by police. (Joan Weeks/CBC)

 

Police released a list of the names of those arrested to the media at a news conference and they were widely published.

McKeough says there was a "public shaming component. By listing these people's names, ages and the location of their residence, they are easily identifiable to all their peers."

Agreed on $30 for sex

 

Mercer testified a woman waved at him as he drove down Charlotte Street in downtown Sydney.

He said he pulled over and the woman asked what he wanted.

He said he soon suspected she was a prostitute and told her what kind of sex he wanted. They agreed on a price of $30, he said.

Mercer testified the next thing he knew, police cars were pulling up and he was arrested.

Sex workers hired nearly every day

 

Some men hire sex workers almost every day and some of the johns are violent, said Sgt. Jodie Wilson, the police officer in charge of the operation.

Regular customers became suspicious during the sting operation when the undercover officer didn't immediately get into their cars, she testified, adding those men drove off and avoided arrest.

Crown attorney Andre Arseneau argued the police acted within the law. (courtesy, Andre Arseneau)

 

During closing arguments, McKeough said police admitted in testimony that officers had come to know most of the sex workers and had assembled as list of regular customers.

Yet, they did not arrest any of the regulars, instead picking up men like his client.

Mercer has never been in trouble with the law and has no history of hiring prostitutes.

'This isn't what the police are meant to do'

 

"We're saying that if you took someone just off the street, you put all this evidence in front of them, that they'd be saying hold on, 'This isn't what the police are meant to do. This isn't what the justice system is meant to do,'" McKeough told CBC News.

Crown attorney Andre Arseneault argued the police actions were not improper and do not constitute an abuse of process.

"Police in these circumstances used very effective, good police work, effective investigative techniques, in a situation that was safe for those involved, albeit in circumstances where they could observe and be safe," he said.

A decision will be rendered on Aug. 22.

 

With Peggy MacDonald

[fortunateone 156618]

i'm just glad someone has finally taken this to court, from a client perspective. not sure if it will work out, but if it does, imagine the precedent :)

[drlove 37204]

This was a case involving street action, so not sure how it will play out. The initial reason for the sting was complaints from the public. Perhaps a challenge might carry more weight if it was a case of LE charging someone in the privacy of their home, with the sex being consensual between two adults, not bothering anyone. At least that way, the crown couldn't come back and say it was a public nuisance or some such rationale...

[montanajohnca 100]

It will be interesting to see how this plays out. If it is overturned do you think the rest will be reviewed a second time ?

[Phaedrus 209521]

I'm not at all familiar with this one, but it sounds to me like the challenge is aimed more at the entrapment than the sex work side of things. If that's the case, then this isn't the challenge that most folks here would like to see.

[backrubman 64800]

I'm not at all familiar with this one, but it sounds to me like the challenge is aimed more at the entrapment than the sex work side of things. If that's the case, then this isn't the challenge that most folks here would like to see.

 

And entrapment is perfectly legal in Canada, many people think it is not because of American TV and for similar reasons they assumed prostitution was illegal in Canada when it was (at the time) perfectly legal, that of course has now changed.

 

Shame, shame, shame on the Sydney police for waving people over and offering them sexual services without delivering :)